ALI-ABA Course of Study Drafting Documents for Residential and Mixed-Use Condominiums and Planned Communities: Practice and Principles

Size: px

Start display at page:

Download "ALI-ABA Course of Study Drafting Documents for Residential and Mixed-Use Condominiums and Planned Communities: Practice and Principles"

Oswald Harrington
6 years ago
Views:

1 ALI-ABA Course of Study Drafting Documents for Residential and Mixed-Use Condominiums and Planned Communities: Practice and Principles February 7-9, 2008 New Orleans, Louisiana PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIAL TABLE OF CONTENTS Page xiii xvii xix OVERVIEW OF DOCUMENTATION 1. Overview of Documentation 2. Practice and Drafting Tips 1 5 SELECTING THE APPROPRIATE OWNERSHIP AND GOVERNANCE STRUCTURES 3. Outline: Ownership and Governance of Structures for Horizontal Developments 4. Types of Typical Residential Project Documents 5. Questionnaire: Attributes 6. Materials to be Provided by Developer of Residential Condomimium Project 7. Materials to be Provided by Developer of Planned Community REQUIRED PRESALE DISCLOSURES 8. Guidelines for Advertising under the Fair Housing Act 9. General Guidelines and Disclaimers for Advertising, Marketing Materials, and Displays 33 39

2 OFFERING DOCUMENTS 10. Prairie Chapel Estates Management Certificate 11. Public Offering Statement for Church Street Commons, a Planned Community 12. Lone Star Condominium Information Statement 13. Property Report for Stowe Mountain Lodge 14. Summary of Estimated Significant Forecast Assumptions and Accounting Policies Employed in the Preparation of the Forecasted Budget SALES CONTRACTS 15. Stowe Mountain Lodge Agreement to Purchase Real Property 16. Affirmation of Agreement to Purchase Real Property 17. Summary of Contractual Requirements for the Sale of Lots under the Interstate Land Sales Full Disclosure Act 18. Sample Provisions for Contracts Relying on Improved Lot Exemption under the Interstate Land Sales Full Disclosure Act 19. Contract Addendum for Use with the Single-Family Residence Exemption under the Interstate Land Sales Full Disclosure Act 20. Sample Language for Purchase Agreement for Units in Age Restricted Community 21. Outline: Drafting Contracts for Builder Sales 22. Sample Provisions for Inclusion in Contracts for Sale of Lots to Builder DRAFTING THE DECLARATION FOR A CONDOMINIUM 23. Uniform Form 1 - Model Condominium Declaration By the Joint Editorial Board on Real Property Acts 205

3 24. Declaration of Condominium for Church Street Commons, a Residential Conndominium 25. Condominium Declaration for The Banque, a Condominium 26. Amended and Restated Declaration of Condominium of Riverside Condominium (Annotated) 27. Condominium Declaration for The Presidio, A Condominium 28. Declaration of Commercial Condominium for the Wintersport Lane Condominium DRAFTING THE DECLARATION FOR A PLANNED COMMUNITY 29. Declaration of Planned Community for Happy Lane 30. Declaration of Covenants, Conditions, and Restrictions of ABC Homeowners' Association, Inc. 31. Declaration of Covenants, Conditions and Restrictions of Madison Crescent Homeowners' Association, Inc. 32. Declaration of Covenants, Conditions, and Restrictions for Prairie Chapel Estates DRAFTING THE DECLARATION FOR A MASTER PLANNED COMMUNITY 33. Declaration of Covenants, Conditions, and Restrictions for Seven Oaks 34. Declaration of Covenants, Conditions, and Restrictions for Glendale Commercial Owners Association, Inc BYLAWS 35. Bylaws of Seven Oaks Community Association, Inc. 36. Bylaws of the ABC Condominium 37. Bylaws of ABC Homeowners' Association, Inc

4 38. Bylaws of Madison Crescent Homeowners' Association, Inc. 39. Bylaws for the Riverside Homeowners' Association (Annotated) 40. Bylaws of The Presidio Condominium Association ALLOCATED INTERESTS 41. Outline: Allocating Voting Rights and Assessment Liability 675 LARGE PROJECTS AND MASTER PLANNED COMMUNITIES 42. Outline: Drafting Governance Documents for Large Projects and Master Planned Communities 679 IMPLICATIONS OF BOUNDARY LINES 43. Memorandum: Implications of Boundry Lines 687 PLATS AND PLANS 44. Outline: Plats, Plans, and Phasing the Community 45. Plats 46. Gift Deed for Conveying Common Area 47. Condominium Plats and Plans Checklist for Georgia 48. Condominium Plats and Plans Statute New Mexico 49. Plats CASUALTY INSURANCE, INCLUDING DEDUCTIBLES 50. Excerpt: Deductible 731 REGULATION OF Use AND BEHAVIOR 51. Declaration Amendment: Leasing 735

5 52. Rule: Improper Treatment of Residents and Workers 53. Thrill Hill Association Design Guildelines 54. Rule: Dogs 55. Rule: Mold 56. Meade Place Condominium Unit Owners Association - Satellite Dish and Antenna Policy 57. Outline: Regulating Occupancy under the Fair Housing Act 58. HUD: Occupancy Standards Statement of Policy Sample Occupancy Restriction for Age Qualified Community 60. Alternative Restriction on the Number of Occupants in Units AFFORDABILITY 61. Affordability Covenant 62. Winter Mountain Affordable Housing Agreement DEVELOPER RIGHTS AND RESPONSIBILITIES 63. Excerpt: Development Rights, Special Declarant Rights 64. Prairie Chapel Estates Common Area Deed AMENDMENT PROVISIONS 65. Outline: Drafting Amendments and Amendment Provisions 66. Sample Spot Amendment to Declaration 67. Sample Recitals for Amended and Restated Declaration 68. Supplemental Declaration of Covenants, Conditions, and Restrictions for Windsor Grove

6 69. Election to Become Subject to Condominium Act 877 MAINTENANCE, REPAIR, AND REPLACEMENT 70. Maintenance Responsibility Chart 881 BUDGETS, RESERVES, AND COLLECTION AUTHORITY 71. Outline: Budgets, Reserves, and Collection Authority 72. Hunters' Glen Community Association, Inc. Budget 73. The Appleton Condominium Unit Owners Association Procedures Relating to Assessments and Charges ENFORCEMENT OF GOVERNING DOCUMENTS 74. Excerpt: Creekside Condominium Rules and Regulations 75. Precedent in Association Actions MORTGAGEE REQUIREMENTS 76. VA Pamphlet 26-7: Common Interest Communities, Condominiums, and Planned Unit Developments 77. Fannie Mae Announcement 07-18: Lender Delegation of Project Review Processes and Related Changes for Condominiums, Cooperatives, and Planned Unit Developments 78. Freddie Mac Single-Family Seller/Servicer Guide: Condominium Eligibility ETHICS AND PROFESSIONALISM: STEPS TO PROTECT THE LAWYER AND CLIENT 79. Engagement Letter 80. Engagement Letter 81. Outline: Ethics and Professionalism

ALI-ABA Course of Study Resort Real Estate and Clubs: Formation, Documentation, and Operation November 13-14, 2008 Savannah, Georgia

ALI-ABA Course of Study Resort Real Estate and Clubs: Formation, Documentation, and Operation November 13-14, 2008 Savannah, Georgia PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE